1. (a) The definitions set forth in IC 22-11-20 apply to this section.

2. (b) Except as provided in subsection (c), the victim or an agent of the victim of a theft ( IC 35-43-4-2 (a)) or criminal conversion ( IC 35-43-4-3 ) of:

   1. (1) anhydrous ammonia (NH 3 );
   2. (2) an ammonia solution; or

   3. (3) a container used to store or transport anhydrous ammonia or an ammonia solution;

      is immune from civil liability for injury or damage resulting from the possession or use of the anhydrous ammonia, ammonia solution, or container by another person to commit a violation of IC 35-48-4 .

3. (c) A victim or an agent described in subsection (b) is not immune from civil liability under subsection (b) if:

   1. (1) the victim or agent committed a crime involving the anhydrous ammonia, ammonia solution, or container that is the subject of the theft or criminal conversion; or

   2. (2) the victim's or agent's willful or intentional commission of a violation of an applicable law, rule, or regulation governing the:

      1. (A) design;
      2. (B) construction;
      3. (C) location;
      4. (D) installation; or

      5. (E) operation;

         of equipment for storage, handling, use, or transportation of anhydrous ammonia or ammonia solution proximately caused the theft or criminal conversion.

As added by P.L.17-2001, SEC.10.